Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47468 of 2015 Arising Out of PS.Case No. -127 Year- 2015 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) =====================================

1. Surendra Singh Son of Dudhnath Singh resident of village - Dharupur, P.S. Bikramganj, District - Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Harsh Anuj, Adv. For the Opposite Party/s : Mr. M. Haque (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Bikramganj P.S. Case No.127 of 2015, disclosing offences under Sections 341, 323, 329, 325, 307, 504 and 427 of the Indian Penal Code.

From the First Information Report, it appears that the occurrence took place leading to altercation between the parties over some land dispute. The

Patna High Court Cr.Misc. No.47468 of 2015 (2) dt.02-11-2015 2/3 petitioner is said to be the own uncle of the informant. Learned counsel, appearing on behalf of the petitioner, submits that there is allegation against the petitioner of assaulting the father of the informant with sword. He has submitted that the father of the informant was not taken immediately to the government hospital and in order to make out a case, under Section 307 of the Indian Penal Code, the prosecution side has obtained a false certificate from a private hospital, showing the injury to be grievous in nature, caused by sharp weapon. Learned counsel for the petitioner also submits that a counter case has been instituted by the present petitioner on the same date, giving rise to Bikramganj P.S. Case No.

126 of 2015, for the offences punishable under Sections 341, 323 and 379/34 of the Indian Penal Code. In view of the submission, as aforesaid, and the statement made in paragraph 3 of the application that the petitioner has no criminal antecedent, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Bikramganj P.S. Case No.127 of 2015.

Patna High Court Cr.Misc. No.47468 of 2015 (2) dt.02-11-2015 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T